Office of Hazardous Materials Enforcement — Hazardous Materials Safety Interpretation

Page 1Memorandum of Transportation U.S. Department Research and Speciai Programs Administration Date OCT 2 2002 Reply to Attn of: Subject Request for Interpretation Ref. No. 02-0149 Chief, Standards Development To Doug S. Smith Enforcement Officer Office of Hazardous Materials Enforcement This is in response to your March 29, 2002 e-mail, asking whether a hazardous material classified as Fire Extinguisher 2.2. UN 1044 conforming to 49 CFR § 173.309 of the Hazardous Materials Regulations (HIMR; 49 CFR Parts 171 - 180) meets the definition of limited quantity in § 171.8. Further you asked in § 173.309(a). whether a Specification DOT-39 cylinder is allowed to be used as a fire extinguisher under the provisions Your questions are paraphrased and answered as follows: Q. Can a hazardous material classified in accordance with § 172.101 Hazardous Material Table as "Fire he emergency response telephone number requirement under § 172.604? extingwsher, 2.2, UNI 044" be considered a limited quantity under the HMR and therefore excepted fron the limited quantity provision, a fire extinguisher must fully meet the limited quantity requirements A. The requirements for shipping fire extinguishers are found in § 173.309(a). In order to qualify under contained in § 173.309(a) through 173.309(a)(3)(iv). If the container is packaged and offered for transportation in accordance with § 173.309 (a) through 173.309(a)(3)(iv) the limited quantity provision applies, and the package is excepted from the emergency response telephone number requirement in § 172.604. in § 173.309 (a) must the description on the shipping paper include the words "Limited Quantity" or Q. If a fire extinguisher is packaged and offered for transportation under the limited quantity provision "Lid Qty" as specified in § 172.203(b)? extinguishers, to include the words "Limited Quantity" or "Ltd Qty" following the basic description on A. Yes. Section 172.203(b) requires otterors of hazardous materials as limited quantities, including fire the shipping paper.#

Page 2Capacity do extin provis on shade 173.306 foresid any or andressed 32 abic inches in . Section 173.306 is not referenced in the Hazardous Materials Table, $172.101 for Fir ixtinguishers, therefore, § 173.309 applies Q. Are used specification DOT 39 cylinders authorized for use as fire extinguishers under 173.309(a)? A. The HMR does not authorize the reuse of specification DOT 39 cylinders as fire extinguishers under § 173.309. - in 0 speciation cylinder is ate ali a material describe a fire Exce 240 pai and JN1044 or Nitrogen, compressed. 2.2. UN1066' the save o tannene esi, he proper and pig astripe so is Co tinges, e 22, 104 within ##

Page 3Memorandum U.S. Department of Transportation Research and Administration Special Programs Date OCT 2 2002 Reply to Attn of Subject Request for Interpretation From Ref. No. 02-0149 Chief, Standards Development To Doug S. Smith Enforcement Officer Office of Hazardous Materials Enforcement This is in response to your March 29, 2002 e-mail, asking whether a hazardous material classified as Fire Extinguisher 2.2. UN 1044 conforming to 49 CFR § 173.309 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 - 180) meets the definition of limited quantity in § 171.8. Further you asked in § 173.309(a). whethera Specification DOT-39 cylinder is allowed to be used as a fire extinguisher under the provisions Your questions are paraphrased and answered as follows: Q. Can a hazardous material classified in accordance with § 172.101 Hazardous Material Table as "Fire Extinguisher, 2.2, UN1044" be considered a limited quantity under the HMR and therefore excepted from the emergency response telephone number requirement under § 172.604? contained in § 173.309(a) through 173.309(a)(3)(iv). If the container is packaged and offered for the limited quantity provision, a fire extinguisher must fully meet the limited quantity requirements transportation in accordance with § 173.309 (a) through 173.309(a)(3)(iv) the limited quantity requirement in § 172.604. provision applies, and the package is excepted from the emergency response telephone number Q. If a fire extinguisher is packaged and offered for transportation under the limited quantity provisior "Ltd Qty» as specified in § 172.203(b)? n § 173.309 (a) must the description on the shipping paper include the words "Limited Quantity" o A. Yes. Section 172.203(b) requires offerors of hazardous materials as limited quantities, including fire the shipping paper. extinguishers, to include the words "Limited Quantity" or "Ltd Qty" following the basic description or#

Page 4• • apacity does the provisions under § 173.306 for limited quantity of compressed gases apply? 2. If a fire extinguisher is charged with a compressed gas to 240 psi and exceeds 7.22 cubic inches ir A. Section 173.306 is not referenced in the Hazardous Materials Table, $172.101 for Fire Extinguishers, therefore, § 173.309 applies. Q. Are used specification DOT 39 cylinders authorized for use as fire extinguishers under 173.309(a)? A. The HMR does not authorize the reuse of specification DOT 39 cylinders as fire extinguishers under § 173.309. o an a sir with non hazardous mate a is the material described a Nire Beinguise si and JN1044 or Nitrogen, compressed, 2.2. UN1066? the same containment vessel, the proper shipping description is "Fire Extinguisher 2.2, UN1044". A. Provided that the extinguishing agent and expellant gas source (e.g. Nitrogen, compressed) is within ##

Page 5Webb 872-203 Webb, Sandra $173.309 From: To: Sent: Smith, Doug S. Friday, March 29, 2002 7:53 AM Subiect: Cc: Abbenhaus, Colleen (DHMTRTN); Derwey, Daniel (DHMTRTN) Webb, Sandra Cylinders FW: Fire extinguishers 02-0149 Per our earlier conversation, OHME would really appreciate your input on the "used spec DOT-39's for fire extinguishers" questions posed by Dan and Colleen. Thanks in advance, Sandra, for any assistance you can provide. From: --Original Message. Sent: Wednesday, March 20, 2002 10:41 AM Abbenhaus, Colleen (DHMTRTN) To: Cc: Vebb, Sandra; Hochman, Charles Subject: erwey, Daniel (DHMTRN); Smith, Doug s I also have some questions I want to add to this. specified. The company meets the requirements specified for non-spec cylinders listed in Section 173.309, but are using Section 173.309 allows the use of non-spec cylinders for fire extinguishers, as long as they meet the requirements DO! 395. They are also testing the cylinders as specified in 173.309(a)(3)(iii) prior to reuse. 1. Can they use a DOT 39 for fire extinguishers. to be refilled. Can they test and then refill DOT 39's, as specified in Section 173.309, even though DOT-39's are not authorized materials. Can the cylinder be classed and shipped as a fire extinguisher as specified in Section 173.309, or should it be Also, the DOT specification 39 cylinder is filled with nitrogen to 240 psi. The cylinder also has a bladder filled with inert nitrogen. shipped as nitrogen since that is the only hazardous material and the non hazardous material is not mixed with the -Original Message- From: Derwey, Daniel (DHMTRTN) To: Webb, Sandra Sent: Tuesday, March 19, 2002 3:19 PM Subject: Cc: Abbenhaus, Colleen (DHMTRTN); Michalski, Chris (DHMTRTN) Fire extinguishers transportation accordingly. Sandra I have a question regarding fire extinguishers that meets the requirements of 173.309 and are offered for response telephone number requirement? Additionally, if considered a limited quantity would the shipping papers need to Would fire extinguishers. 2.2, UN1044 be considered a limited quantity, and therefore excepted from the emergency indicate that the material is offered as a limited quantity in accordance with §172.203(b)? limited quantities from the emergency response telephone number requirement. Section 171.8 defines a limited quantity Section 172.604(c)(1) excepts hazardous materials that are offered for transportation under the provisions applicable to as; limited quantity, when specified as such in a section applicable to a particular material, means the maximum amount of a hazardous material for which there is a specific labeling or packaging exception. In Subpart G, §173.309 does provide 5.2, 6.1, 8, 9 and ORM are listed in Subpart D. Section 173.306 lists the limited quantity exceptions for compressed specific labeling and packaging exceptions for compressed gases. However, the exceptions for hazard classes 3, 4, 5.1, 173.306 would not apply as the cylinders in the shipment that I am reviewing exceed 7.22 cubic inches, and they are gases. However, column 8 of the 172.101 table does not reference 173.306 for UN1044. Additionally, in my opinion charged to 240 psi. Dan 1#

Page 6Webb §72-203 Webb, Sandra $173.309 From: Sent: Smith, Doug S. Cc: To: Webb, Sandra Friday, March 29, 2002 7:53 AM Cylinders Subject: Abbenhaus, Colleen (DHMTRTN); Derway, Daniel (DHMTRTN) FW: Fire extinguishers 02-0149 Per our earlier conversation, OHME would really appreciate your input on the "used spec DOT-39's for fire extinguishers" questions posed by Dan and Colleen. Thanks in advance, Sandra, for any assistance you can provide. --Original Message.. From: Sent: Abbenhaus, Colleen (DHMTRTN) To: Wednesday, March 20, 2002 10:41 AM Cc: Derwey, Daniel (DHMTRTN); Smith, Doug S. Webb, Sandra; Hochman, Charles Subject: I also have some questions / want to add to this. specified. The company meets the requirements specified for non-spec cylinders listed in Section 173.309, but are using Section 173.309 allows the use of non-spec cylinders for fire extinguishers, as long as they meet the requirements DOl 39S. They are also testing the cylinders as specified in 173.309(a)(3)(iii) prior to reuse. 1. Can they use a DOT 39 for fire extinguishers. 2. Can they test and then refill DOT 39's, as specified in Section 173.309, even though DOT-39's are not authorized to be refilled. materials. Can the cylinder be classed and shipped as a fire extinguisher as specified in Section 173.309, or should it be Also, the DOT specification 39 cylinder is filled with nitrogen to 240 psi. The cylinder also has a bladder filled with inert shipped as nitrogen since that is the only hazardous material and the non hazardous material is not mixed with the nitrogen. -Original Message- Sent: Tuesday, March 19, 2002 3:19 PM From: Derwey, Daniel (DHMTRTN) To: Cc: Abbenhaus, Colleen (DHMTRTN); Michalski, Chris (DHMTRTN) Webb, Sandra Subject: Fire extinguishers transportation accordingly. Sandra have a question regarding fire extinguishers that meets the requirements of 173.309 and are offered for Would fire extinguishers. 2.2, UN1044 be considered a limited quantity, and therefore excepted from the emergency indicate that the material is offered as a limited quantity in accordance with §172.203(b)? response telephone number requirement? Additionally, if considered a limited quantity would the shipping papers need to limited quantities from the emergency response telephone number requirement. Section 171.8 defines a limited quantity Section 172.604(c)(1) excepts hazardous materials that are offered for transportation under the provisions applicable to as; limited quantity, when specified as such in a section applicable to a particular material, means the maximum amount of a hazardous material for which there is a specific labeling or packaging exception. In Subpart G, §173.309 does provide specific labeling and packaging exceptions for compressed gases. However, the exceptions for hazard classes 3, 4, 5.1, gases. However, column 8 of the 172.101 table does not reference 173.306 for UN1044. Additionally, in my opinion 5.2, 6.1, 8, 9 and ORM are listed in Subpart D. Section 173.306 lists the limited quantity exceptions for compressed 173.306 would not apply as the cylinders in the shipment that I am reviewing exceed 7.22 cubic inches, and they are charged to 240 psi. Dan 1#

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